A single medical error can change everything: a missed diagnosis, a surgical mistake, or a medication mix-up. Suddenly, you’re facing new injuries, mounting bills, and questions no one seems willing to answer. If you suspect a careless provider harmed you or someone you love in Spartanburg, a Spartanburg medical malpractice lawyer at McCravy, Newlon, & Clardy can help you understand what happened and whether you have a claim. Call 866-MCCRAVY for a free consultation. With 30 years of experience, we give straight answers, not pressure.
Why McCravy, Newlon, & Clardy for Your Medical Malpractice Case
Medical malpractice claims are among the toughest injury cases to pursue. They’re costly to build, hospitals and their insurers fight hard, and South Carolina law puts specific hurdles in front of you before you can even file. Here’s why injured patients across the Upstate trust our team.
30 years of experience. For three decades, McCravy, Newlon, & Clardy has represented injured individuals and families throughout South Carolina. We know how to dig through complex medical records, work with qualified medical professionals, and hold negligent providers accountable.
An ethical, honest approach. We won’t oversell your case or make promises we cannot keep. If we don’t believe you have a strong claim, we’ll tell you. If we do, we’ll explain exactly what to expect. That straight-talk approach has guided our firm since day one.
Seven offices, including one in Spartanburg. Our Spartanburg office is located at 8801 Warren H. Abernathy Highway, with six more across the state. You receive a local team that knows Spartanburg County and the courthouse where these cases are filed, backed by the resources of a statewide firm. Your consultation is free, and you pay no fee unless we recover compensation for you.
Call 866-MCCRAVY today. We’re ready to listen and tell you honestly whether we can help.
Common Medical Malpractice Cases We Handle in Spartanburg
Spartanburg County is home to a busy and growing medical landscape. Many residents receive care at Spartanburg Medical Center, the Level I trauma center that anchors the Spartanburg Regional system, as well as at dozens of clinics, surgical centers, and physician practices across the county. The vast majority of that care meets the standard patients deserve. When it falls short, the consequences can be life-changing.
Even excellent providers sometimes experience poor outcomes, and a poor outcome alone isn’t malpractice. A valid claim exists only when a provider fails to meet the accepted standard of care, and that failure causes real harm. The cases we see most often include:
– Misdiagnosis or delayed diagnosis (for example, cancer, heart attack, stroke, or sepsis)
– Surgical errors, including wrong-site surgery or objects left in the body
– Medication and anesthesia mistakes
– Birth injuries to mothers and babies
– Emergency room errors
– Failure to monitor, treat, or refer a patient to the right provider
If your situation isn’t on this list, it’s still worth a call. The only way to know is to have your records reviewed.
South Carolina Medical Malpractice Law: What You Need to Know
These claims follow rules that differ from those in a typical injury case. A few matter most.
You usually have three years to file
Under South Carolina’s medical malpractice statute of limitations, most claims must be filed within three years from the date of the treatment, omission, or operation, or within three years from the date of discovery or when it reasonably ought to have been discovered, not to exceed six years from the date of occurrence. Different timing applies when a foreign object is left in the body; in such cases, the action must be brought within 2 years of the date of discovery. Special rules can also apply when the patient is a child. Because these limits are strict, it’s smart to call a lawyer as soon as you suspect something went wrong.
The pre-suit steps that make these cases different
You cannot simply file a malpractice lawsuit in South Carolina the way you’d file a car accident case. Before filing, you must satisfy South Carolina’s pre-suit malpractice requirements: a Notice of Intent to File Suit and a sworn affidavit from a qualified medical professional are required and must identify at least one negligent act or omission and the factual basis for it. Filing the Notice of Intent to File Suit also tolls all applicable statutes of limitations. The parties then attend a mediation conference, generally within 90 to 120 days of service, to try to resolve the claim before it moves forward. These requirements are a major reason malpractice cases require an experienced legal team.
Shared fault under the 50% rule
South Carolina uses a modified comparative negligence rule. If you’re found partly responsible for your own harm, your compensation is reduced by your share of fault, and you cannot recover at all if you’re more than 50% at fault. Insurers know this and often try to pin the blame on the patient. Part of our job is to push back with evidence.
Have questions about how these rules apply to you? Call 866-MCCRAVY for a free, no-pressure case review.
How We Handle Your Claim
From your first call, we take on the legal heavy lifting so you can focus on your health.
- Free consultation. You tell us what happened. We listen, answer your questions, and give you an honest read on whether you may have a case.
- Investigation. We gather your medical records, bills, and other evidence, and we bring in qualified medical professionals to evaluate the care you received.
- Building the claim. If the records support it, we prepare the Notice of Intent and the supporting affidavit required by South Carolina law.
- Negotiation and mediation. We present your claim to the providers and their insurers and work to secure a fair settlement, including at the required mediation.
- Trial, if needed. If the other side won’t offer what your case is worth, we’re prepared to take it to the Spartanburg County Courthouse.
What You Can Recover
Compensation in a malpractice case is meant to cover what the mistake cost you. Depending on the facts, which can include:
– Economic damages: past and future medical bills, rehabilitation, lost wages, and lost earning capacity.
– Non-economic damages: pain and suffering, disfigurement, and loss of enjoyment of life.
– Punitive damages: in rarer cases involving especially reckless conduct.
South Carolina caps noneconomic damages in malpractice cases. The base limit is $350,000 per claimant against a single provider or institution, with a higher aggregate limit of $1,050,000 when more than one provider or institution is at fault. Both figures are adjusted each year for inflation. Just as important, that cap doesn’t limit economic damages, such as your medical bills and lost income, and it doesn’t apply at all when the provider was grossly negligent, willful, wanton, or reckless, committed fraud, or altered or destroyed records to avoid liability.
Every case is different. Past results do not guarantee future outcomes.
Want to understand what your claim could be worth? Call 866-MCCRAVY for a free evaluation.
Frequently Asked Questions About Spartanburg Medical Malpractice Claims
How much does it cost to hire a medical malpractice lawyer?
There’s no upfront cost. Our medical malpractice cases are on a contingency-fee basis, which means our fee is based only on the recovery we win for you. And the initial consultation never costs you anything.
How do I know if I really have a malpractice case?
Often, you cannot know for sure without a professional review. A disappointing outcome by itself isn’t malpractice. There has to be a failure to meet the medical standard of care that caused real harm. We’ll review your records and give you a straight assessment.
How long do I have to file a claim in South Carolina?
Generally, three years, with an outer limit of six years in most cases, though exceptions exist. Records are easiest to gather early, and the pre-suit steps take time, so don’t wait to ask.
What if I were partly responsible for what happened?
You may still recover. Under South Carolina’s modified comparative negligence rule, you can pursue compensation as long as you’re not more than 50% at fault, though your recovery is reduced by your share.
Will my case have to go to trial?
Often, no. Many claims resolve through negotiation or mediation, which South Carolina requires before trial. Still, we prepare every case as if it could go to court, which strengthens your position.
Do you handle medical malpractice cases in Spartanburg?
Yes. Our Spartanburg office is at 8801 Warren H. Abernathy Highway, and we represent injured patients throughout Spartanburg County and the surrounding Upstate. Call 866-MCCRAVY to get started.
Talk to a Spartanburg Medical Malpractice Lawyer Today
A serious medical error can leave you facing pain, mounting bills, and many unanswered questions. You don’t have to sort it out alone. The team at McCravy, Newlon, & Clardy brings 30 years of experience and an honest, client-first approach to every case we take.
Call 866-MCCRAVY now for a free consultation. There’s no fee unless we recover for you, and no pressure, just straight answers about your rights and your options.